MagicShake Inc. is a new and innovative to reach nextgeneration of prospect customers for business. It is a platform which thrivesto bring innovation and growth to every entrepreneur in the world. Contractual relationshipThese MagicShake terms govern the access or use by you,an individual, from within any country in the world of any platform,applications, websites, content, products, and services made available by MagicShake,Inc. (“MagicShake”)
PLEASE READ THESE TERMS CAREFULLY BEFOREACCESSING OR USING THE MAGICSHAKE SERVICES.
You may accept these terms by clicking a box or by using or placing anorder using an MagicShake Branded application or website or by otherwiseaffirmatively indicating your acceptance and subsequently, by continuing toaccess and use the MagicShake Services, you agree to be bound by these MagicShakeTerms, as may be amended from time to time, which establishes a contractualrelationship between you and MagicShake. If you do not agree to these Terms, atany time, you should not access or use the MagicShake Services. These Termsexpressly supersede prior agreements or arrangements with you and MagicShake and/orany affiliates of MagicShake regarding the provision of MagicShake Services. MagicShakemay immediately terminate these Terms or any Services with respect to you, orgenerally cease offering or deny access to the Services or any portion thereof,at any time for any reason
Youacknowledge and agree that the availability of the Applications may bedependent on the third party from which you received the Application’s license,e.g., the Apple app stores or Android app stores (“App Store”). You acknowledgeand agree that these Terms are between you and MagicShake and not with the AppStores and that MagicShake is responsible for the provision of the MagicShakeServices as described in these Terms. However, you acknowledge and agree thatif you access the MagicShake Services using Applications developed for Apple iOS,Android, Microsoft Windows, or Blackberry-powered mobile devices, then AppleInc. (“Apple”),Google, IncMicrosoft Corporation or BlackBerry Limited and/or their applicableinternational subsidiaries and affiliates, respectively, are third-party beneficiariesof these Terms. Upon your acceptance of these Terms, Apple shall have the right(and will be deemed to have accepted the right) to enforce these Terms againstyou as a third-party beneficiary thereof. These Terms incorporate by referenceany terms set forth in the applicable third party beneficiary’s terms ofservice, including in Apple’s case, Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” Inthe event of a conflict in the terms of the Licensed Application End UserLicense Agreement and these Terms, the terms of these MagicShake Termswill control.
These Terms shall be exclusively governed by andconstrued in accordance with the laws of the province of Ontario, or Quebec ifyou're a Quebec resident, and the federal laws of Canada applicable therein,without regard to conflict of law principles.
The term “Confidential Information” shall mean anyconfidential or proprietary business, technical or financial information ormaterials of a party (“Disclosing Party”) provided to the other party (“ReceivingParty”) in connection with the Agreement, whether orally or in physical form.However, Confidential Information shall not include information (a) previouslyknown by Receiving Party without an obligation of confidentiality, (b) acquiredby Receiving Party from a third party which was not, to Receiving Party'sknowledge, under an obligation of confidentiality, (c) that is or becomespublicly available through no fault of Receiving Party, or (d) that DisclosingParty provides written permission to Receiving Party to disclose, but only tothe extent of such permitted disclosure. Receiving Party agrees that (a) itwill use Confidential Information solely for the purposes permitted under thisAgreement and (b) it will not disclose the Confidential Information to anythird party other than Receiving Party’s employees or agents who are bound byobligations of nondisclosure and restricted use at least as strict as thosecontained herein. In the event Receiving Party receives a subpoena,administrative or judicial order, or any other request for disclosure of anyConfidential Information of Disclosing Party, Receiving Party will giveDisclosing Party prompt written notice of such subpoena, order or request andallow Disclosing Party to assert any available defenses to disclosure.Receiving Party will protect the Disclosing Party’s Confidential Information inthe same manner that it protects the confidentiality of its own proprietary andconfidential information, but in no event using less than a reasonable standardof care.
